DEBENDRA KUMAR DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is an application under Sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Mancheswar P.S. Case No. 414 of 2023 corresponding to T.R. Case No. 505 of 2023 pending in the Court of the learned District and Sessions Judge, Khordha, At-Bhubaneswar registered for commission of offence punishable under Sec. 20(b)(ii)(C)/29 of the NDPS Act.

(2.) The petitioner and other co-accused person namely Racky Nayak had moved separate applications for bail before the Court of learned Special Judge (K) at Bhubaneswar and the same was taken up together and was rejected on 17/10/2023.

(3.) The prosecution allegation in brief is that on 30/9/2023 at 3.20 p.m. the petitioner along with four others were apprehended by the I.I.C., Mancheswar Police Station while they were coming in a Maruti X4 bearing registration no. OR-02-BM-1769 and on search 30 kgs. of ganja kept in two separate packets each weighing 15 kgs. were recovered from the dickey of the car. As they could not produce any authorization in support of their possession, the Ganja was seized and the accused persons were arrested.